GIFT   OF 


fc^LIFORNIA  STATE  LIBRARY 

I.  L.  GILLIS,  Ubraran 


CALIFORNIA 

inty  Free  Library  Law 


SACRAMENTO: 


\ 


^r5. 


County  Free  Library  Law. 


ClIAPTEK    68. 

.1 ;;  act  to  provide  for  the  estahlishment 
and  maintenance  of  county  free  liira- 
rifs  in  the  State  of  California,  and 
11  iiialbig  "An  act  entitled  'An  act  to 
lirovide  county  library  systems.'  ap- 
proved April  IS,  1909,  and  all  acts  and 
parts  of  acts  in  conflict  with  this  act." 
[Approved  February  25,  1911.] 
The  people  of  the  State  of  California,  rep- 
resented in  senate  and  assembly,  do 
enact  as  follows: 

Section  1.     The  boards  of  supervisors  EMamish- 
of  the  several  counties  shall  have  power  tamu 'iit 
to   establish    and    maintain,   within    their  JXh. 
respective  counties,  county   free  libraries 
in    the   manner   and    with    the    functions 
proscribed  in  this  act. 

Sec.  2.  The  board  of  supervisors  of 
any  county  may  establish  at  the  county 
seat  a  county  free  library  for  that  part 
of  such  county  lying  outside  of  incorpo- 
rated cities  and  towns  maintaining  free 
public  libraries,  and  outside  of  library  dis- 
tricts maintaining  district  libraries,  and 
for  all  such  additional  portions  of  such 
county  a.';  may  elect  to  become  a  part  of. 


or  to  participate  in,  such  county  free 
library  system,  as  hereafter  provided  in 
this  act.  At  least  once  a  week  for  two 
successive  weeks  prior  to  taking  such 
action,  the  board  of  supervisors  shall  pub- 
lish, in  a  newspaper  designated  by  them 
and  published  in  such  county,  notice  of 
such  contemplated  action,  giving  therein 
the  date  of  the  meeting  at  which  such 
action  is  proposed  to  be  taken. 

Sec.  3.  After  the  establishment  of  a 
,  county  free  library  as  provided  in  this 
act,  the  board  of  trustees,  common  coun- 
cil or  other  legislative  body  of  any  incor- 
porated city  or  town  in  the  county  main- 
taining a  free  public  library,  or  the  board 
of  trustees  of  any  library  district  main- 
taining a  district  library,  may  notify  the 
board  of  supervisors  that  such  city,  town 
or  library  district  desires  to  become  a 
part  of  the  county  free  library  system, 
and  thereafter  such  city,  town  or  library 
district  shall  be  a  part  thereof  and  its  in- 
habitants shall  be  entitled  to  the  benefits 
of  such  county  free  library,  and  the  prop- 
erty within  such  city,  town  or  library  dis- 
trict shall  be  liable  to  taxes  levied  for 
county  free  library  purposes.  But  the 
board  of  trustees,  common  council  or 
other  legislative  body  of  any  incorporated 
city  or  town  in  the  county,  or  the  bc?-rd 
of   trustees   of  any    library   district   may 


at  any  time  notify  the  board  of  super- 
visors that  such  city,  town  or  library  dis- 
trict no  longer  desires  to  be  a  part  of 
the  county  free  library  system,  and  there- 
after such  city,  town  or  library  district 
shall  cease  to  participate  in  the  benefits 
of  such  county  free  library,  and  the  prop- 
erty situated  in  such  city,  town  or  library 
district  shall  not  be  liable  to  taxes  for 
county  free  library  purposes ;  provided, 
however,  that  the  board  of  trustees,  com- 
mon council  or  other  legislative  body  of 
any  incorporated  city  or  town,  or  the 
board  of  trustees  of  any  library  district, 
shall  publish,  at  least  once  a  week  for 
two  successive  weeks  prior  either  to  giving 
or  to  withdrawing  such  notice,  in  a  news- 
paper designated  by  said  board  of  trustees, 
city  council  or  board  of  library  trustees, 
and  circulating  throughout  such  city, 
town  or  library  district,  notice  of  such 
contemplated  action,  giving  therein  the 
date  and  the  place  of  the  meeting  at 
which  such  contemplated  action  is  pro- 
posed to  be  taken. 

Sec.  4.     The   board   of   supervisors   of  ii.coi- 
any  county  wherein  a  county  free  library  cTtira'am 
has  been  established  under  the  provisions  I°"j"co„ 
of   this    act,    shall    have    full    power    and'™'"."'"' 
authority  to  enter  into  contracts  with  any 
incorporated  city  or  town  maintaining  a 
free   public   library,   and   any   such   incor- 


—  c  — 

porated  city  or  town  shall,  through  its 
board  of  trustees  or  other  legislative  bodj', 
have  power  to  enter  into  contracts  with 
such  county  to  secure  to  the  residents  of 
such  incorporated  city  or  town  the  same 
privileges  of  the  county  free  library  as 
are  granted  to,  or  enjoyed  by,  the  resi- 
dents of  the  county  outside  of  such  incor- 
porated city  or  town,  or  such  privileges  as 
may  be  agreed  upon  in  such  contract,  upon 
such  consideration  to  be  named  in  said 
contract  as  may  be  agreed  upon,  the  same 
to  be  paid  into  the  county  free  library 
fund,  and  thereupon  the  residents  of  such 
incorporated  city  or  town  shall  have  the 
same  privileges  with  regard  to  said  county 
free  library  as  are  had  by  the  residents  of 
such  county  outside  of  such  incorporated 
city  or  town,  or  such  privileges  as  may  be 
agreed  upon  by  said  contract, 
countijs  Sec.  5.  The  board  of  supervisors  of 
contract  any  county  wherein  a  county  free  library 
rther'fOT  has  been  established  under  the  provisions 
joint  of  (jjig  a(.|.^  shall  have  full  power  and 
authority  to  enter  into  contracts  or  agree- 
ments with  the  board  of  supervisors  of  any 
other  county  to  secure  to  the  residents  of 
such  other  county  such  privileges  of  such 
county  free  library  as  may,  by  such  con- 
tract, be  agreed  upon  and  upon  such 
consideration  as  may  in  said  contract  be 
agreed  upon,  the  same  to  be  paid  into  the 


coimty  free  library  fund,  aud  thereupon 
the  inhabitants  of  such  other  county  shall 
have  such  privileges  of  such  county  free 
library  as  may  by  such  contract  be  agreed 
upon ;  and  the  board  of  supervisors  of 
such  county  shall  have  full  power  and 
authority  to  enter  into  a  contract  with 
the  board  of  supervisors  of  another  county 
wherein  a  county  free  library  has  been 
established  under  the  provisions  of  this 
act.  as  in  this  section  provided,  and  shall 
have  power  to  levy  a  library  tax  as  in 
this  act  provided,  for  the  purpose  of 
carrying  out  such  contract,  but  the  mak- 
ing of  such  contract  shall  not  bar  the 
board  of  supervisors  of  such  county  dur- 
ing the  continuance  of  such  contract,  from 
establishing  a  county  free  library  therein 
under  the  provisions  of  this  act,  if  none 
be  already  established  therein,  and  upon 
the  establishment  of  such  county  free 
library,  such  contract  may  be  terminated 
upon  such  terms  as  may  be  agreed  upon 
by  the  parties  thereto,  or  may  continue 
for  the  term  thereof. 

Sec.  6.    A  commission  is  hereby  created  Board  of 
to  be  known  as  the  board  of  library  exam-  oiwrl? 
iners,    consisting   of    the   state    librarian.  '""'• 
who  shall  be  ex  officio  chairman  of  said 
board,  the  librarian  of  the  public  library 
of  the  city  and  county  of  San  Francisco, 
and  the  librarian  of  the  Los  Angeles  pub- 


—  s  — 

lie  library.  The  members  of  said  boanl 
shall  receive  no  compensation  for  their 
services,  except  their  actual  and  necessary 
traveling  expenses,  to  be  paid  out  of  the 
state  library  fund.  Said  board  shall  pass 
upon  the  qualifications  of  all  persons  de- 
siring to  become  county  librarians,  and 
may,  in  writing,  adopt  rules  and  regula- 
tions not  inconsistent  with  law  for  its  own 
government,  and  for  carrying  out  the  pur- 
poses of  this  act.  Persons  of  either  sex 
.shall  be  eligible  to  certification  for  the 
office  of  county  librarian. 

Sec.  7.  Upon  the  establishment  of  a 
county  free  library,  the  board  of  super- 
■  visors  shall  appoint  a  county  librarian, 
who  shall  hold  office  for  the  term  of  four 
years,  subject  to  prior  removal  for  cause, 
after  a  hearing,  by  said  board.  No  per- 
son shall  be  eligible  to  the  office  of  county 
librarian  unless  prior  to  his  appointment, 
he  has  received  from  the  board  of  library 
examiner.s  a  certificate  of  qualification  for 
the  office.  At  the  time  of  his  appointment, 
the  county  librarian  need  not  be  a  resi- 
dent of  the  county  nor  a  citizen  of  the 
State  of  California. 

Sec.  8.  The  county  free  library  shall 
be  under  the  general  supervision  of  the 
board  of  supervisors,  which  shall  have 
power  to  make  general  rules  and  regula- 
tions regarding  the  policy  of  the  county 


—  9  — 

free  library,  to  establish,  upon  the  rec-  Powen 
ommendation  of  the  county  librarian,  duties  of 
branches  and  stations  throughout  the  f™"!^ 
county  and  may  locate  said  branches  and  """■ 
stations  in  incorporated  cities  and  towns 
wherever  deemed  advisable,  to  determine 
the  number  and  kind  of  employees  of 
such  library,  and  to  appoint  and  dismiss 
such  employees  upon  the  recommendation 
of  the  county  librarian.  Such  employee 
shall  not  be  removed  except  for  cause,  and 
in  case  any  such  removal  be  made  upon 
the  ground  that  the  services  of  such  em- 
ployee are  no  longer  required,  such  re- 
moved employee  shall  have  the  first  right 
to  be  restored  to  such  employment  when 
such  services  are  again  required,  but  the 
board  of  supervisors  may,  at  the  time  of 
appointing  any  employee,  and  upon  the 
recommendation  of  the  county  librarian, 
enter  into  an  agreement  that  such  em- 
ployee be  employed  for  a  definite  time 
only.  All  employees  of  the  county  free 
library  whose  duties  require  special  train- 
ing in  library  work  shall  be  graded  in 
grades  to  be  established  by  the  county 
librarian,  with  the  advice  and  approval  of 
the  state  librarian,  according  to  the  duties 
required  of  them,  experience  in  library 
work  and  other  qualifications  for  the  serv- 
ice required ;  and  before  appointment  to  a 
position   in   the  graded   service,   the  can- 


—  10  — 

didate  must  pass  au  examiuation  appro- 
priate to  the  position  souglit,  satisfactory 
to  the  county  librarian,  and  show  a  sat- 
isfactory experience  in  library  work. 
\york  in  approved  library  schools  or  libra- 
ries, or  certificates  issued  by  the  board  of 
library  examiners,  may  be  accepted  by 
the  county  librarian  in  lieu  of  such  exam- 
ination. The  county  librarian  may  also 
accept  as  apprentices,  without  compensa- 
tion, candidates  possessing  personal  qual- 
ifications satisfactory  to  him  and  may 
dismiss  the  same  at  any  time  if  in  his 
judgment  their  work  is  not  satisfactory  to 
him. 

Sec.  9.  The  county  librarian  shall, 
prior  to  entering  upon  the  duties  of  his 
office,  file  with  the  county  clerk  the  usual 
oath  of  oiBce  and  a  bond,  conditioned  upon 
tlie  faithful  performance  of  his  duties, 
with  sufiicient  sureties  approved  by  a 
judge  of  the  superior  court  in  the  county 
of  which  the  librarian  is  to  be  the  county 
librarian,  in  such  sum  as  may  be  deter- 
mined by  the  board  of  supervisors.  The 
county  librarian  shall,  subject  to  the  gen- 
eral rules  adopted  by  the  board  of  super- 
visors, build  up  and  manage,  according  to 
accepted  principles  of  library  manage- 
ment, a  library  for  the  use  of  the  people 
of  the  county,  and  shall  determine  what 
books  and  other  library  equipment  shall 


—  11  — 

be  purchased.  The  salary  per  annum  of  s.i 
the  county  librarian  shall  be  as  follows  :  In  ii° 
counties  of  the  first  to  the  third  classes  in- 
clusive, two  thousand  four  hundred  dollars  ; 
of  the  fourth  to  the  tenth  classes  inclu- 
sive, two  thousand  dollars;  of  the  eleventh 
to  the  twentieth  classes  inclusive,  eigh- 
teen hundri'd  dnllnrs;  of  the  twruly-lirst 
to  the  thirtieth  classes  inclusive,  fifteen 
hundred  dollars ;  of  the  thirty-first  to  the 
forty-eighth  classes  inclusive,  twelve  hun- 
dred dollars ;  and  of  the  forty-ninth  to  the 
fifty-seventh  classes  inclusive,  five  hun- 
dred dollars.  The  salary  of  each  of  the 
county  librarians  here  provided  shall  be 
paid  by  each  of  such  counties  in  equal 
monthly  installments,  at  the  same  time 
and  in  the  .same  manner  and  out  of  the 
same  fund  as  the  salaries  of  other  county 
officers  are  paid.  The  county  librarian 
;iud  his  assistant  shall  be  allowed  actual 
and  necessary  traveling  expenses  incurred 
on  the  business  of  the  office. 

Sec.  10.     The  county  free  libraries  of  <'> 
the  state  shall  be  under  the  general  super-  vh 
visions  of  the  state   librarian,  who   shall  ill 
from   time   to   time,  either  personally   or 
by  one  of  his  assistants,  visit  the  county 
free  libraries  and  inquire  into  their  con- 
dition.     The    actual    and    necessary    ex- 
penses of  such  visits  shall  be  paid  out  of 
the  state  library  fund.     The  state  libra- 


rj 


rian  shall  annually  call  a  convention  of 
county  librarians,  to  assemble  at  such 
time  and  place  as  he  shall  deem  most  con- 
venient, for  the  discussion  of  questions 
pertaining  to  the  supervision  and  adminis- 
tration of  the  county  free  libraries,  the 
laws  relating  thereto,  and  such  other  sub- 
jects affecting  the  welfare  and  interest  of 
the  county  free  libraries  as  shall  properly 
be  brought  before  it.  It  is  hereby  made 
the  duty  of  all  the  county  librarians  to 
attend  and  take  part  in  the  proceedings 
of  such  convention.  The  actual  and  nec- 
essary expenses  of  the  county  librarians 
attending  the  convention  shall  be  paid  out 
of  the  county  free  library  fund. 

Sec.  11.  The  county  librarian  shall, 
on  or  before  the  thirty-first  day  of  July 
in  each  year,  report  to  the  board  of  super- 
visors and  to  the  state  librarian  on  the 
condition  of  the  county  free  library,  for 
the  year  ending  June  thirtieth  preceding. 
Such  reports  shall,  in  addition  to  other 
matters  deemed  expedient  by  the  county 
librarian,  contain  such  statistical  and 
other  information  as  may  be  deemed  desir- 
able by  the  state  librarian.  For  this 
purpose  the  state  librarian  may  send  to 
the  several  county  librarians  instructions 
or  question  blanks  so  as  to  obtain  the  ma- 
terial for  a  comparative  study  of  library 
conditions  in  the  state. 


13 


Sec.  12.  The  board  of  supervisors,  fax  le 
after  a  county  free  library  has  been  estab- 
lished, shall  annually  levy,  in  the  same 
manner  and  at  the  same  time  as  other 
county  taxes  are  levied,  and  in  addition 
to  all  other  taxes,  a  tax  not  to  exceed  one 
mill  on  the  dollar  of  assessed  valuation 
upon  all  property  in  such  county  outside 
of  incorporated  cities  and  towns  main- 
taining free  public  libraries,  and  library 
districts  maintaining  district  libraries, 
and  upon  all  property  within  incorporated 
cities,  towns  and  library  districts,  which 
have  elected  to  become  a  part  of  such 
county  free  library  system  as  provided  in 
this  act,  for  the  purpose  of  purchasing 
property  for.  establishing  and  maintaining 
the  county  free  library.  County  bonds  r„„.i. 
may  be  issued,  in  the  manuer  prescribed 
in  section  40SS  of  the  Political  Code,  for 
the  erection  and  equipment  of  county  free 
library  buildings  and  the  purchase  of  land 
therefor.  The  board  of  supervisors  is 
authorized  to  receive,  on  behalf  of  the 
county,  any  gift,  bequest  or  devise  for  '''"^' 
the  county  free  library,  or  for  any  branch 
or  subdivision  thereof.  The  title  to  all 
property  belonging  to  the  county  free 
library  shall  be  vested  in  the  county.  All 
laws  applicable  to  the  collection  of  county 
taxes  shall  apply  to  the  collection  of  the 
tax   herein   provided.     All    funds   of   the 


14 


county  free  library,  whether  derived  from 
taxation  or  otherwise,  shall  be  in  the  cus- 
tody of  the  county  treasurer.  They  shall 
constitute  a  separate  fund,  called  the 
county  free  library  fund,  and  shall  not  be 
used  for  any  purposes  except  those  of  the 
county  free  library.  Each  claim  against 
the  county  free  library  fund  shall  be  au- 
thorized and  approved  by  the  county 
librarian,  or  in  his  absence  from  the 
county  by  his  assistant.  It  shall  then  be 
acted  upon  in  the  same  manner  as  are  all 
other  claims  against  the  county. 

Sec.  1.3.  In  any  county  of  this  state 
where  a  law  library  may  now  or  hereafter 
exist  under  the  provi.sions  of  section  4190 
to  4204,  inclusive,  of  the  Political  Code 
of  the  state,  the  board  of  supervisors  of 
such  county  shall  have  power  to  enter 
into  contracts,  or  agreements  with  the 
board  of  law  library  trustees  of  such  law 
library  for  the  cooperation  of  said  law 
library  and  the  county  free  library,  and. 
in  that  connection,  to  contract  or  agree 
with  the  board  of  law  library  trustees  of 
such  law  library  that  the  county  librarian 
and  other  emplo.vees  of  the  county  free 
library  perform  the  duties  required  to  be 
done  or  performed  by  the  officers  and  em- 
ployees of  such  law  library  as  contem- 
plated by  section  4190  to  4204,  inclusive, 
of  the  Political  Code  of  this  state  for  a 


—  15  — 

ooiupeusation  to  be  named  iu  such  con- 
tract Of  agreement,  the  same  to  be  paid 
into  the  countj-  free  library  fund. 

Sec.  14.    The  board  of  supervisors  shall  ^,.|,^^, 
have   power   to   accept   on   behalf   of   the  iii>niiiM 
county  free  library,  all  books  and  other  i'mmty 
property   of   school   libraries   and   of   the  I'teMT" 
teachers'  library  as  provided  by  sections  ,'.',',,,^5'"" 
1565,    1715    and    1716    of    the    Political  "■'"• 
Code,  and   to   manage   and  maintain   the 
same  as  a  part  of  the  county  free  library. 

Sec.  15.  After  a  county  free  library  nise.iaii 
has  been  established,  it  may  be  disestab-  '"'""'^''' 
lished  in  the  same  manner  as  it  was  estab- 
lished. At  least  once  a  week  for  two 
successive  weeks  prior  to  taking  such  ac- 
tion, the  board  of  supervisors  shall  pub- 
lish, in  a  newspaper  designated  by  them, 
and  published  in  the  county,  notice  of 
such  contemplated  action,  giving  therein 
the  date  of  the  meeting  at  which  such 
contemplated  action  is  proposed  to  be 
taken. 

Sec.  16.     Instead  of  establishing  a  sep-  cutiaci 
arate   county   free   library,   the   board   of  JliJljio 
supervisors  may  enter  into  a  contract  ae-  J.'l'™^,^ 
cording  to  the  provisions  of  this  section  ^■^■^"'^■ 
with  the  board  of  library  trustees  or  other 
authority    in    charge    of   the    free   public 
library  of  any  incorporated  city  or  town, 
and  the  board  of  library  trustees,  or  other 
authority   in  charge  of  such   free   public 


library,  is  hereby  authorized  to  make 
snch  a  contract.  Such  contract  may  pro- 
vide that  the  free  public  library  of  such 
incorporated  city  or  town  shall  assume 
the  functions  of  a  county  free  library 
within  the  county  with  which  such  con- 
tract is  made,  including  incorporated  cities 
and  towns  therein.  The  board  of  super- 
visors may  agree  to  pay  annually  into  the 
library  fund  of  such  incorporated  city  or 
town  such  sum  as  may  be  agreed  upon. 
Either  party  to  such  contract  may  termi- 
nate the  same  by  giving  six  months'  notice 
of  intention  to  do  so. 
icai  of  <^£c_  i7_  An  act  entitled  "An  act  to 
s"!  provide  county  library  systems,"  approved 
April  12.  1909,  and  all  acts  and  parts  of 
acts  in  conflict  herewith,  are  hereby  re- 
pealed :  provided,  however,  that  any 
county  library  which  may  have  been  estab- 
lished and  i.s  now  in  existence  under  the 
provisions  of  the  act  approved  April  12, 
1909,  shall  be  continued  under  the  pro- 
visions of  this  act,  and  be  considered  the 
same  as  if  established  under  the  provi- 
sions of  this  act :  and  provided  further, 
that  in  any  case  where  a  contract  has  been 
entered  into  between  any  county  board  of 
supervisors  and  any  city  or  incorporated 
town  under  the  provisions  of  section 
twelve  of  said  act,  the  same  shall  con- 
tinue in  force,  and  the  provisions  of  sec- 


17 


tion  sixteen  of  this  act  shall  be  applicable 
thereto,  until  the  establishment  and  equip- 
ment of  a  county  free  library  under  the 
provisions  of  sections  one  to  fifteen  inclu- 
sive of  this  act,  unless  sooner  terminated 
under  the  provisions   thereof. 


39; 


UNIVERSITY  OF  CA 


